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IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, ALOK KUMAR PANDEY
Anil Kumar @ Anil Kumar Yadav S/o Late Krishna Yadav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
ALOK KUMAR PANDEY, J.
Heard learned counsel for the appellant/informant, learned A.P.P. for the State and learned counsel for the Respondent Nos. 2 to 6.
2. The present appeal is directed against the judgment dated 16.05.2023 passed by the learned Additional District and Sessions Judge -17, Ara (Bhojpur) in Session Trial No. 424 of 2018 arising out Udwantnagar (Gajrajganj) P.S. Case No. 124 of 2017 (G.R. No. 1643 of 2017) registered under Sections 302/201/34 of the I.P.C. whereby and whereunder Respondent nos. 2 to 6 have been acquitted by the learned trial court from the charges levelled against them under /34, 201/34 of the Indian Penal Code (hereinafter referred to as “I.P.C.”).
3. According to the written report of the informant/PW4, i.e. Anil Kumar, the occurrence is of 28.04.2017. Informant unfolded the story of prosecution to the effect that informant’s nephew Ankit Kumar @ Niraj Kumar was taking meal on the fateful day at about 8 hours. In the meanwhile, Rani Devi, wife of Rajesh Yadav of the village of informant made a call on the mobile of informant’s nephew (victim) bearing mobile no. 8709831248 and asked the victim to come to her house and collect Rs. 55,000/- wh
Appeals against acquittal warrant interference only if trial findings perverse or impossible; circumstantial case fails without complete chain excluding innocence, as here due to witness inconsistenc....
In cases based on circumstantial evidence, all circumstances must conclusively establish guilt beyond reasonable doubt; any gaps can benefit the accused.
The prosecution must establish guilt beyond a reasonable doubt, and acquittals are reviewed under strict guidelines favoring the presumption of innocence.
Point of law:Acquital upheld - If the trial court takes a view that the accused deserves to be acquitted on the basis of evidence on record, such verdict cannot be reversed unless there is gross perv....
(1) Section 34 IPC and 115 IPC would not go hand in hand.(2) Evidence is raw material which Judge or Adjudicator uses to reach a finding of fact – Courts can record order of conviction even in a case....
The prosecution must prove guilt beyond reasonable doubt; mere circumstantial evidence and delayed FIR weaken the case, necessitating independent corroboration.
The court upheld the conviction based on circumstantial evidence, establishing a clear motive and reliable witness testimonies linking the appellant to the murder.
Murder – Only on the basis of post-mortem report there cannot be conviction for offence punishable under Section 302, I.P.C.
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